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AANDC’s Environmental Review Process CANDO 2014

Michelle Latimer

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Outline

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•   Environment 101

•  Where, When and How

•  Purpose of the AANDC ERP

•  Roles and Responsibilities

•  When does the ERP Apply?

•  Overview of the ERP

•  Completing a Project Description Form

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Certain Activities – Uncertain Impacts

•  Where should Environment be considered –  Projects on reserve –  Infrastructure on reserve –  Operations on reserve –  Maintenance on reserve

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When •  The earlier the better

–  Incorporate environment into your schedule and cost

•  Different projects/initiatives will have different environmental requirements –  Different requirements take varying amounts of time and

money

•  A project can have different environment requirements throughout its life –   commencement through decommissioning

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Why Should You Care?

•  Reduce or prevent environmental violations, accidents and costly clean-ups

•  Reduce potential liabilities to AANDC •  Safe work practices and procedures •  Improve potential profitability •  Improve Communication •  Raise Awareness •  Demonstrate due diligence

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How

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•  Environmental Site Assessment – Past –  Are there any concerns/impacts from past activities

•  Environmental Audit – Present –  Are there any concerns/impacts from on-going activities

•  Environment Impact Assessment/Environmental Review – Future –  Will there be any impacts from this project or activity after it is built/

operating

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AANDC Environmental Review Process

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Came into effect in July of 2012, following the changes to the CEAA Act

•   CEAA 2012 requires federal land authorities to review projects not on the Regulations Designating Physical Activities (Project List) for significant adverse environmental effects

What is a Project? “a physical activity that is carried out in relation to a physical work and is

NOT a designated project” •   Physical activity is considered as tasks or actions related to construction,

operation, maintenance or decommissioning that generally alter the landscape or environment in some way.

•   Physical work is considered the operation or thing that is constructed and generally has a defined area

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ERP Guiding Principles

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Ensure that due diligence is exercised and environmental effects are considered thoroughly prior to the issuance of

any authorizations.

Encourage collaboration between AANDC Program Officers, Environment Officers, and proponents, resulting in an

efficient and transparent process.

Level of review should be proportionate with the project’s potential level of risk.

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ERP Roles & Responsibilities

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AANDC Program Officer (PO) •   Receives the project application (e.g. funding, land instruments, etc.) and

determines if the ERP applies by consulting with the regional Environment Unit •   Begins the ERP process by entering basic information into the online Project

Description (PD) Form.

Proponent •   Provide AANDC with sufficient information on the environmental aspects of

project so that a determination on the significance of potential environmental effects can be made.

•   Work with subject matter as necessary to obtain all of the environmental information required.

•   Complete the PD and any other required documents and submit them to the AANDC Environment Officer

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ERP Roles & Responsibilities

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AANDC Environment Officer (EO) •   Assist proponents with the ERP and identify to the proponent any additional

information requirements that need to be included in the environmental review. •   Maintain a project file and meet service standards to ensure the process is

implemented efficiently and effectively. •   Review all documents submitted by a proponent and make a determination or

recommendation with respect to the likelihood of a proposed project is likely to cause significant adverse environmental effects.

•   Monitor and follow-up as required

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Does the ERP Apply?

11 This figure shows four key scenarios where the ERP must be applied

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Does the ERP Apply?

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For any project involving AANDC’s authorization, the following questions should be answered

•   Is the project described by the Regulations Designating Physical Activities (i.e. a designated project)?

o   If yes, the ERP does not apply and the proponent should be directed to CEA Agency, where a decision on the need for a federal environmental assessment can be made.

•   Does the project meet the definition of a project pursuant to s.66 of CEAA 2012?

o   If not, the ERP does not apply.

•   Is the project related to matters of national security or being carried out in response to a national emergency? Is the carrying out of the project without delay in the interest of preventing damage to property, the environment, public health or safety?

o   If yes, the project may be exempted from the ERP under s.70 of CEAA 2012.

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Completing the Project Description Form

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•   The PO will access the web link (http://adf3intra1/iems_online/disclosure.aspx) from the intranet to launch the Project Description form. Using information provided by the proponent in the initial application, they must fill out “Section A – Basic Information” and the “Project Summary” to initiate the ERP

o   Program Name (select from list) o   PO Name, Phone #, Email Address o   Proponent Organization o   Name of Proponent Contact o   Office Address of Proponent Contact,

including city, province and postal code o   Proponent Contact Phone # o   Proponent Email (not mandatory, but

recommended) o   Type of Project/Activity (statutory or non-

statutory) o   Project Name o   Province where project is located o   Legal Land Description o   Geographical Coordinates o   Region/Band/Reserve o   Project Summary

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•   After entering the information, the PO has three choices: Save (to complete later) Cancel Submit

•   Once submitted, the PD Form is entered in our database and regional environment staff will be notified.

•   EO will then forward the electronic PD link to the proponent with instructions for completion

Completing the Project Description Form

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Completing the Project Description Form

•   The proponent opens the link received from the EO and completes the remaining sections in the PD

Section B Project Information: 4 sections: Summary, Infrastructure, Activities and Waste In these sections you will provide:

•   a project overview, including the purpose, size, capacity and expected lifespan.

•   a description of any infrastructure required to support the project (permanent or temporary)

•   a description of the activities required (e.g. removing trees) •   If there are any relevant maps or drawings they should be

sent separately via email to the EO.

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Completing the Project Description Form

Section C Funding/Permits: 2 sections: Funding and Permits/Licenses In these sections you will provide:

•   Information funding sources for the project •   a description of any permits or licences that may be required

(e.g. Timber permit, gravel permit, road permit, lease, fuel tank registration

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Completing the Project Description Form

Section D Land Description: 4 sections: Surface Water, groundwater Topography Soil In these sections you will provide:

•   Information proximity and type of water body •   Proximity of groundwater drinking wells •   Lay of the land (e.g. Flat, hilly, etc) •   Soil Type (sand, clay, gravel, etc.)

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Completing the Project Description Form

Section E Land Use: In this sections you will provide:

•   Information on the past and present land uses of your proposed site.

•   Information on surrounding land uses (e.g. Is your project next to a school or residence?, Is it surrounded by oil&gas?)

•   Are there utility corridors, local or otherwise?

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Completing the Project Description Form

Section F Flora and Fauna: 4 sections: Species at Risk, Migratory Birds, Fish, Vegetation In this sections you will provide:

•   Information on the potential presence or absence of species at risk (input from Environment Canada or expert may be warranted)

•   Information on the potential presence or absence migratory Birds (input from Environment Canada or bird expert may be warranted)

•   In the water bodies nearest your site are there fish? •   What kind of vegetation is on your site? (e.g. Trees, brush,

grassland, cultivated, etc.)

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Completing the Project Description Form

Section G Traditional Uses: In this section you will provide:

•   Information on presence or absence of sites with cultural or historical significance on or near your site.

•   Information traditional uses on or near your site.

Sections H, I and J Consultation, Comments and Contacts In these sections you will provide:

•   Information on the potential need for consultation of neighbouring reserves and/or public or other stakeholders

•   Any other comments not covered •   Other contacts important to the project

SUBMIT, or you may Save for later completion (system will send you link)

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Completing the Project Description Form

Once completed PD is Submitted: •   EO will review for completeness and determine if further

Environmental Review is required. •   If info is missing or found to be unsatisfactory the PD will be

returned to proponent with instructions •   In PD complete, your project could be considered:

•   Minor – no more info is required and determination is made •   Medium Risk – a Simple Review is required

•   Fillable MS Word Form that provides more detail on potential impacts and proposed mitigations measures

•   High Risk – a detailed review is required. This is a full Environmental Impact Assessment that fully details all potential impacts and mitigation measures

•   Should be completed by a consultant

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A copy of the Proponent Guide can be found at: http://www.aadnc-aandc.gc.ca/eng/1345141628060/1345141658639

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